Recognition of Jurisdiction of the Court of Justice of the European Union in International Courts Cover Image

Europos Sąjungos Teisingumo Teismo jurisdikcijos pripažinimas tarptautiniuose teismuose
Recognition of Jurisdiction of the Court of Justice of the European Union in International Courts

Author(s): Inga Daukšienė
Subject(s): Law, Constitution, Jurisprudence
Published by: Mykolas Romeris University
Keywords: exclusive jurisdiction of the CJEU; interpretation of the EU law; jurisdiction of international courts regarding the EU law

Summary/Abstract: From the point of the EU law, the CJEU has the exclusive competence to interpret the EU legal norms and decide upon validity of the legal acts adopted by the EU institutions because it is the most effective method to ensure the unilateral interpretation of the EU law and to prevent its fragmentation. Thus, it can be presumed that all disputes between the Member States regarding the EU law must be solved by the CJEU. The paper aims at finding the answer to the question whether international courts under the international law must refuse their jurisdiction in cases where disputes of the Member States relate with the EU law. With the view of this aim, arguments arising from the international law (for instance, prohibition of intervening into affairs of another legal system, prohibition of abuse of laws), on the basis of which an international court should decline its jurisdiction, and applicability of such arguments to the situation discussed is assessed and an independent approach is formulated.

  • Issue Year: 19/2012
  • Issue No: 2
  • Page Range: 459-475
  • Page Count: 18
  • Language: English